John Hinckley Gets More Freedom
Headline Legal News
The man who tried to kill President Ronald Reagan is now allowed to visit his mother more, to get a driver's license and spend more time away from the mental hospital where he lives, a federal judge ruled.
John Hinckley shot President Reagan and wounded three others because of an obsession with actress Jodie Foster.
The ruling, released Tuesday, expands the freedoms of John Hinckley Jr. over the objections of prosecutors. They argued that Hinckley is still mentally ill and harbors unhealthy feelings about women.
Hinckley, 54, has been confined to St. Elizabeth's Hospital in Washington since he was found not guilty by reason of insanity in the 1981 shooting of Reagan.
Hinckley shot Reagan and wounded three others reportedly because of an obsession with actress Jodie Foster.
Gradually, Hinckley has been allowed more freedom as he has progressed in therapy.
Recently, family members and hospital officials requested that he be allowed to visit his mother's home in Williamsburg, Virginia, for nine nights instead of the six he was allowed; to get a driver's license; and to do volunteer work, according to court documents. There also was a request for Hinckley to have more unsupervised time away from the hospital.
Prosecutors objected to many of the requests, saying that Hinckley "continues to maintain inappropriate thoughts of violence," court documents said
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Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.